HomeMy WebLinkAbout03-07-19
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
March 7, 2019
Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Pat Kaluza, Vice Chair Jason Kelvie, Karl Drotning, Jason
Swenson, Brooks Lillehei, Scott Einck, Paul Jarvis, Ex-officio Mike Lamm
Members Absent: Jeff Witte
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Brent Jones, Planning and Zoning Specialist; Joe
Powers, Project Engineer; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The February 21, 2019 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the following handouts were distributed at tonight’s meeting:
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1. An e-mail that was received on March 4 from the owner of The Moments of
Lakeville agreeing to combine Lots 1 and 2, thus eliminating the need for the
Zoning Ordinance amendment and modifying the CUP.
2. Amended Stipulations and Findings of Fact for The Moments of Lakeville
5. Independent School District #194
Chair Kaluza opened the public hearing to consider the application of ISD #194 for an
amendment to conditional use permit 91-02 to allow the construction of a classroom
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addition to Cherry View Elementary School, located at 8600 – 175 Street.
Beth Louden, ISD #194 Director of Facilities and Sean Kelly, Wold Architects and
Engineers were in attendance at tonight’s meeting. Ms. Louden indicated that they
are fast tracking this addition because of the rapid growth within the Cherry View
Elementary enrollment area. Current enrollment is 645 students and the projected
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enrollment is 807 students. They would like to break ground March 26 and move
into the addition over MEA weekend in October. Mr. Kelly indicated that the
approximate 15,000 square foot addition will include two separate areas on the
southeast side of the current building.
Planning Commission Meeting Minutes, March 7, 2019 Page 2
Planning and Zoning Specialist Brent Jones presented the planning report. Mr. Jones
stated that the proposed expansion to the southeast side of the existing school
building will be over an existing grassy area facing Highview Avenue and include the
construction of classrooms, conference rooms, and bathrooms off an extension of two
connecting hallways.
The building meets all setback requirements of the RS-2 District. The height of the
building addition will match the existing building. The property currently has 143
parking spaces, which exceeds the Zoning Ordinance requirement of 116 parking
spaces given the projected enrollment of 807 students. The driveway access will
remain unaffected by the proposed addition.
Mr. Jones indicated that there are 18 new trees proposed to be planted adjacent to
the addition to replace the 18 trees that will be removed for construction of the addition.
The existing pathways located near the proposed addition will be reconfigured to
accommodate the proposed addition.
Mr. Jones stated that City staff recommends approval of the Cherry View Elementary
CUP amendment, subject to the five stipulations listed in the February 27, 2019
planning report, and adoption of the Findings of Fact dated March 7, 2019.
Chair Kaluza opened the hearing to the public for comment.
Comments from the audience.
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Wayne Lunke, 8615 176 Street W.
Mr. Lunke’s home is right behind the proposed addition to the school. He asked
for clarification as to the location of the addition compared to where his home
is located.
Harry Veldhuis, 17459 Horseshoe Way
Mr. Veldhuis asked what the hours of operation are for construction of the
addition.
Motion was made by Kelvie, seconded by Einck to close the public hearing at
6:08 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked staff to answer Mr. Lunke’s and Mr. Veldhuis questions regarding
the location of the addition and the hours of construction. Mr. Jones explained where
the addition would line up compared to the neighboring properties to the south. The
hours of operation for construction is 7:00 am to 10:00 pm.
Chair Kaluza asked for comments from the Planning Commission. Comments
included:
Planning Commission Meeting Minutes, March 7, 2019 Page 3
Commissioner Kelvie asked how far out does the school district project for
future expansions. Ms. Louden stated that they usually look five to ten years
out, but their projections were a little off this time. They are hoping this
expansion will address enrollment projections for a couple more years, after
which they may consider construction of a new elementary school.
Parking requirements and landscape screening were discussed.
Ms. Louden explained that they chose this location for the building addition
because the existing playground, fields and parking lots won’t be disturbed and
the addition meets setback requirements.
Mr. Morey indicated that the proposed landscape plan does show that they are
planning to add trees to the south side of the property, but staff could look at a different
tree species, not additional trees, that would be a better screening material. This could
be looked at prior to City Council consideration of the CUP amendment.
Motion was made by Drotning, seconded by Swenson to recommend to City
Council approval of the ISD #194 amendment to conditional use permit 91-02 to allow
the construction of a classroom addition to Cherry View Elementary School, located
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at 8600 – 175 Street, subject to the following stipulations and adoption of the Findings
of Fact dated March 7, 2019:
1. A financial security in the amount of $137,849.40 shall be submitted prior to the
issuance of a building permit for the addition.
2. The site plan and building addition shall be developed in accordance with the plans
approved by the City Council.
3. A building permit is required prior to commencing construction of the building
addition.
4. The building addition is subject to review by the Fire Marshal.
5. Lighting shall be down-cast type only and must comply with Section 11-16-17 of
the Zoning Ordinance. Detailed fixture and photometric plans must be submitted
with the building permit application for the proposed addition.
Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Drotning
Nays: 0
6. Berean Baptist Church
Chair Kaluza opened the public hearing to consider the application of Berean Baptist
Church for the following, located east of Holyoke Avenue, north of Heritage Drive, and
west of Highview Avenue: A. Preliminary plat of one lot and five outlots; B. Conditional
use permit to allow: 1) a religious institution (church) in the RS-3, Single Family
Residential District and 2) a building height greater than 35 feet; and C. Vacation of
public road and drainage and utility easements.
Tony Manning, Executive Pastor at the Berean Baptist Church in Burnsville indicated
that they would like to build a second campus in a city where a lot of their parishioners
live rather than enlarge the current building in Burnsville. They hope to be good
neighbors and looking forward to being a part of the City of Lakeville.
Planning Commission Meeting Minutes, March 7, 2019 Page 4
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that
Anderson Companies on behalf of Berean Baptist Church submitted applications for
a preliminary plat, a conditional use permit (CUP) for the development of a church in
the RS-3, Single Family Residential District with a building height greater than 35 feet,
and the vacation of existing road and drainage and utility easements.
Ms. Jenson indicated that there are five outlots in the Berean Baptist church
preliminary plat. Outlots A, C, and E will be retained by the church and Outlots B and
D will be deeded to the City with the final plat.
A wetland delineation was completed for the site, but during plan review, an additional
area of potential wetland was identified and noted on the plans, which will have to be
done in the spring with no grading or impacts to the area to take place until the
assessment is completed and approved.
A tree inventory and preservation plan has been submitted for the site. Of the 204
significant trees on the site, 27 are proposed to be saved. The majority of the trees
are Cottonwood and Box Elder trees.
Ms. Jenson reviewed the general performance standards for all CUP’s, which are
addressed in the February 28, 2019 planning report.
Staff has determined that the same metal proposed for the mechanical screen wall
was also proposed on the north side of the building for the upper portion of the
sanctuary but was not included in the materials calculations. The architect will revise
the building elevations to include the metal panels on the upper portion of the
sanctuary in the calculations and then make revisions to the exterior materials to
ensure that the building still meets the minimum of 65% Grade A materials.
Ms. Jenson stated that the proposed building height is 30 feet, with the exception of a
cross, which has a maximum height of 47 feet.
Berean Baptist Church would like the ability to use the proposed Outlot E for a
freestanding monument sign. Ms. Jenson explained that the church’s freestanding
sign is required by ordinance to be on the same parcel as the church use. Staff has
indicated that, as a part of the Zoning Ordinance update (following approval of the
2040 Comprehensive Plan), a discussion will take place regarding a possible
amendment to the Zoning Ordinance that would allow institutional uses to place
freestanding signs on separate parcels from the principal building in situations where
there are multiple parcels involved.
Ms. Jenson explained that Outlot C, Heritage Walk was platted in late 2002. At that
time, permanent drainage and utility easements were required on outlots. Exhibit O
of the February 28, 2019 planning report shows the easements to be vacated. She
indicated that perimeter drainage and utility easements will be dedicated with the final
plat.
Planning Commission Meeting Minutes, March 7, 2019 Page 5
Ms. Jenson also explained that initially staff identified a road, drainage, and utility
easement over a portion of Highview Avenue and included the vacation of said
easement with the public hearing notice, but it has since been determined that this
easement is not on the church property so it will not be required to be vacated with
the Berean Baptist Church plat.
Ms. Jenson stated that City staff recommends approval of the preliminary plat, CUP
and easement vacation, subject to the seven stipulations listed in the February 28,
2019 planning report, and adoption of the Findings of Fact dated March 7, 2019.
Chair Kaluza opened the hearing to the public for comment.
The following people spoke at the public hearing.
Doug Zisler, 19914 Hiawatha Ct.
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Bill Richardson, 8426 199 Ct.
Terry Nelson, 19935 Hiawatha Ct.
All three residents were concerned with privacy between their homes and the
church building. They suggested a berm be installed along with 10-foot
evergreens on the east side of the building for increased privacy.
Motion was made by Kelvie, seconded by Lillehei to close the public hearing at
6:31 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
A berm on the east side of the building along Highview Avenue was discussed
along with the size of the proposed landscaping. Joe Powers, Project Engineer
and Eric Rose, civil engineer for the church agreed that a small berm is
proposed on the east side of the church. The first floor elevation of the church
will be 19 feet lower than the first floor elevation of the homes on the east side
of Highview Avenue. A berm and landscaping would not substantially screen
the church building from the existing homes given the topography.
The proposed freestanding sign was discussed. Commissioner Swenson
asked if the outlot where the freestanding sign is proposed is buildable. Ms.
Jenson indicated that it would be possible to combine Outlot E with the lot to
the north when that property redeveloped.
Commissioner Lillehei asked if consideration could be given to not dedicating
the future street right-of-way with the final plat, install the sign, then dedicate
the right-of-way thus rendering the sign non-conforming. Mr. Morey stated that
it is an option, but not the preferred option. Staff prefers to amend the Zoning
Ordinance.
There was a lengthy discussion regarding the parking lot layout, especially
traffic safety in the south parking lot. Could the orientation of the stalls or the
Planning Commission Meeting Minutes, March 7, 2019 Page 6
circulation be modified to improve on-site circulation and safety? Mr. Rose
indicated that they would be willing to remove the west stalls in the south
parking lot, thereby reducing potential conflict between vehicle circulation and
vehicles backing out of the parking spaces along this drive aisle. The Planning
Commission concurred with this revision.
Commissioner Swenson commented on the need to wait until the growing
season in April to refine the wetland delineation.
The following stipulation was recommended to be added to address the south parking
lot circulation:
8. Prior to City Council consideration, the site plan shall be revised to eliminate
the westerly 20 spaces in the south parking lot.
Motion was made by Kelvie, seconded by Lillehei to recommend to City Council
approval of the following, located east of Holyoke Avenue, north of Heritage Drive,
and west of Highview Avenue: A. preliminary plat of one lot and five outlots; B.
conditional use permit to allow 1) a religious institution (church) in the RS-3, Single
Family Residential District, 2) a building height greater than 35 feet; C. vacation of
public road and drainage and utility easements, subject to the following stipulations,
as amended, and adoption of the Findings of Fact dated March 7, 2019.
1. The recommendations listed in the Engineering Division memorandum dated
February 28, 2019
2. The Grade A exterior building materials shall not be painted.
3. The height of the cross shall not exceed 47 feet.
4. Outlots B and D shall be deeded to the City with the final plat.
5. A sign permit application shall be submitted and approved by the City prior to the
installation of any signage.
6. The future building addition and/or parking expansion requires approval of a
conditional use permit amendment.
7. Prior to City Council consideration, the exterior building elevations shall be revised
to include the upper level sanctuary area in the materials calculation and to
increase the Grade A materials to meet the minimum requirement of 65% Grade
A materials.
8. Prior to City Council consideration, the site plan shall be revised to eliminate the
westerly 20 spaces in the south parking lot.
Ayes: Einck, Lillehei, Kaluza, Kelvie, Jarvis, Drotning, Swenson
Nays: 0
7. The Moments of Lakeville
Chair Kaluza opened the public hearing to consider the application of Elizabeth
Wright, Waite Holdings, LLC and TMSC of Lakeville, LLC for the following, located
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south of 162 Street (CSAH 46) and east of Kenyon Avenue: A. Zoning Ordinance
amendment to allow the connection of principal buildings across a property line for
interior pedestrian and vehicle use in commercial districts by conditional use permit;
Planning Commission Meeting Minutes, March 7, 2019 Page 7
B. Conditional use permit to allow: 1) an amendment to conditional use permit 15-18
to allow the expansion of The Moments of Lakeville senior care facility; 2) a building
height greater than 35 feet; 3) the connection of principal buildings across a property
line for interior pedestrian use; 4) impervious surface area greater than 25% in the
Lee Lake Shoreland Overlay District; and C. vacation of a public drainage and utility
easement.
Patrick Sarver, President of Civil Site Group, Jeff Schuler, architect with Firm Ground,
and Amit Sela from The Moments of Lakeville were in attendance at tonight’s meeting.
Mr. Sarver presented an overview of their project.
Mr. Sarver explained that they would like to withdraw their request for a Zoning
Ordinance amendment along with Item B3 of the conditional use permit regarding the
connection of principal buildings across a property line for interior pedestrian use
because Ms. Wright, one of the owners of The Moments of Lakeville, is in the process
of buying out her partners. She is hoping to have this accomplished by the end of
March. This will allow her to combine 16254 and 16258 Kenyon Avenue into one
property under one ownership entity.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
provided a brief history on the development of this property. Mr. Dempsey stated that
the plans propose a two-story building expansion, with a finished basement, consisting
of 60 memory care units. The existing facility has 32 memory care units. The
proposed new building would include a heated connection between the two buildings
across the shared lot line of Lot 1 and Lot 2, Block 1, Kenyon Retail. Planning
Department staff had encouraged the owners to combine these lots prior to making
application for the expansion.
Mr. Dempsey reviewed the conditional use permit actions that are required to allow
the expansion of The Moments of Lakeville memory care facility as proposed. Mr.
Dempsey reviewed the criteria that must be met to allow more than 25% impervious
surface in the Shoreland Overlay District, which are listed in the March 1, 2019
planning report.
The easement proposed to be vacated is the easement between Lots 1 and 2, Kenyon
Retail. This will no longer serve a public purpose in conjunction with the proposed
development plan.
Access to the entire site will be from a single existing driveway onto Kenyon Avenue.
The site plan proposes a driveway along the west side of the building to access the
service entrance and equipment garage and a drop off and pick up lane is provided at
the main entrance. The parking lot has been designed to accommodate both large
delivery trucks, trash collection vehicles, and a City fire truck.
Each lot will provide the required number of parking spaces for each building. Mr.
Dempsey stated that the owner of the building on Lot 2 appears to have striped three
parallel parking spaces inside the parking lot cul-de-sac which has narrowed the cul-
Planning Commission Meeting Minutes, March 7, 2019 Page 8
de-sac turnaround. The planning report recommends that these three parking spaces
on Lot 2 be removed no later than March 30, 2019.
Mr. Dempsey reviewed the landscape plan for Lot 1. The proposed landscape
materials meet the requirements of the Zoning Ordinance for size and species of plant
materials with the exception of the minimum height for evergreen trees. A minimum
evergreen tree height of eight-feet is required. He explained staff’s recommendations
for location and species of trees per a traffic and sight visibility study that was
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conducted due to the proximity of the driveway access to the 162 Street (CSAH 46)
and Kenyon Avenue intersection.
Mr. Dempsey stated that a 72-inch tall black vinyl coated chain link fence around the
entire property is proposed. The purpose of the fence is to provide safety and security
for the residents of the facility. The proposed fence does not meet the minimum 30-
foot setback requirement for a fence adjacent to public right-of-way for a commercial
property. The chain link fence on Lot 2 was installed without a building permit and
does not comply with setback requirements. A variance will be required for any fence
that does not meet setback requirements. Mr. Dempsey indicated that the variance
that was approved by the City Council for the privacy fence on Lot 2 will expire on
November 20, 2019 if it is not constructed prior to that date.
The floor plan shows that the trash storage will be located inside the building with
access provided for the trash hauler from the service drive on the west side of the
building. Mr. Dempsey advised that site plan provisions be made to locate a trash
enclosure outside in the event the indoor storage area does not meet future needs.
A 30-foot tall, 150 square foot freestanding sign is located on Lot 2. A freestanding
pylon sign is proposed to be located at the northwest corner of Lot 1. The flagpoles
noted north of the driveway entrance shall not include flags with advertising.
The photometric plan indicates that the exterior lighting is consistent with Zoning
Ordinance requirements for down-cast fixtures and maximum light intensity at the
property lines.
Mr. Dempsey explained that stipulations 3a, i, l, and n of CUP 15-18 are no longer
applicable. All other stipulations shall remain in full force and effect except as
amended by the proposed CUP amendment.
Mr. Dempsey referred to the handouts at tonight’s meeting that suggest the removal
of stipulations 2, 13 and 14 and amend stipulation 3 as follows:
3. An administrative subdivision (lot line adjustment) lot combination/Zoning Lot
Letter shall be required prior to recording the conditional use permit.
Mr. Dempsey stated that City staff recommends approval of the CUP, as amended,
and easement vacation, subject to the stipulations listed in the March 1, 2019 planning
report, as amended, and adoption of the Findings of Fact dated March 7, 2019, as
amended.
Planning Commission Meeting Minutes, March 7, 2019 Page 9
Chair Kaluza opened the hearing to the public for comment.
Comments from the audience.
Amit Sela wanted to clarify that the agreement to combine the lots has already
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been signed. On March 20 his wife, Elizabeth Wright, will pay the partners for
ownership of both lots.
Motion was made by Drotning, seconded by Kelvie to close the public hearing
at 7:24 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
The Planning Commissioners and staff discussed Exhibit E, the vehicle turning
movement plan, and agreed this is a tight site, not ideal for delivery trucks, but
from an operational stand point, it is possible to have trucks back up into the
delivery area.
Mr. Sela explained how the delivery vehicles currently arrive and addressed
snow removal from the site.
Commissioner Kelvie appreciates every effort to fit the building on this difficult
site.
The Planning Commission discussed the fencing. Mr. Sela indicated that the
privacy fence will be installed in conjunction with the construction of the second
building.
Commissioner Drotning stressed to the applicant how important it will be to
follow the rules when applying for the fence variance. Mr. Sela explained that
things should run a lot smoother now with only one owner of the building and
one person making the decisions.
Chair Kaluza was happy to see this project as one ownership now and thanked
Mr. Dempsey for his efforts. He agreed that this is a very unique property.
The Planning Commission agreed to withdraw the applicant’s request for a Zoning
Ordinance amendment and the portion of the CUP request to allow the connection of
principal buildings across a property line for interior pedestrian use. A stipulation will
be added to assure that the applicant has 100% ownership of The Moments of
Lakeville prior to City Council consideration.
Motion was made by Drotning, seconded by Lillehei to recommend to City Council
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approval of the following, located south of 162 Street (CSAH 46) and east of Kenyon
Avenue: A. Conditional use permit to allow; 1) an amendment to conditional use
permit 15-18 to allow the expansion of The Moments of Lakeville senior care facility,
2) a building height greater than 35 feet, 3) impervious surface area greater than 25%
Planning Commission Meeting Minutes, March 7, 2019 Page 10
in the Lee Lake Shoreland Overlay District, and C. vacation of a public drainage and
utility easement, subject to the following stipulations and adoption of the Findings of
Fact dated March 7, 2019, as amended:
1. Implementation of the recommendations listed in the February 27, 2019
engineering report.
2. An administrative lot combination/Zoning Lot Letter shall be required prior to
recording the conditional use permit
3. The site shall be developed in compliance with the site plan and building plans
approved by the City Council unless approved administratively in accordance with
the Zoning Ordinance for a minor conditional use permit amendment.
4. The maximum allowable building height is 41 feet as defined by the Zoning
Ordinance.
5. The maximum allowable impervious surface area allowed on Lot 1 is 70%.
6. The sight visibility area west of the driveway access shall at all times be kept clear
of visual obstructions, including landscaping taller than three feet and snow
storage.
7. The proposed fence on Lot 1 and the existing chain-link fence on Lot 2 require a
variance and fence permit prior to installation of any and all fences. All fences
shall meet Zoning Ordinance requirements. Screening slats shall not be installed
in the chain-link fence.
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8. English Ivy shall be planted to grow on the chain-link fence along 162 Street
consistent with the approved privacy fence on Lot 2.
9. Landscaping shall be installed according to the landscape plan approved by the
City Council. Prior to City Council consideration, the landscape plan shall be
revised to include overstory trees along Kenyon Avenue spaced not more than 40
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feet apart, English Ivy to be planted on the chain-link fence adjacent to 162
Street, a minimum evergreen tree height of eight feet and minimum deciduous tree
size of 2½ inch caliper. A financial security in the amount of $30,800 shall be
submitted to guarantee installation of the landscaping.
10. All signs shall comply with Zoning Ordinance requirements. The flagpoles noted
north of the driveway entrance shall not include flags with advertising. A sign
permit must be issued by the City prior to the installation of any signs.
11. Site and building lighting shall be installed consistent with the lighting plan and
photometric plan approved by the City Council and in compliance with the
requirements of Section 11-16-17 of the Zoning Ordinance. Building and parking
lot lighting shall be down-cast cut-off type fixtures only. Tilt-up light fixtures are not
permitted.
12. All trash and recycling containers shall be located inside the building or in an
outdoor enclosure in compliance with Zoning Ordinance requirements. The site
plan shall be amended to identify an optional outdoor trash enclosure.
13. Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
14. The three striped parking spaces in the parking lot cul-de-sac on Lot 2 shall be
removed no later than March 30, 2019. Vehicle parking shall not occur in the
parking lot cul-de-sac.
Planning Commission Meeting Minutes, March 7, 2019 Page 11
15. A Site Improvement Performance Agreement and Stormwater Maintenance
Agreement shall be submitted prior to City Council consideration of the zoning
applications.
16. Except for Stipulations 3 a, i, l, and n of CUP 15-18, all other stipulations shall
remain in full force and effect.
17.The applicant, Elizabeth Wright, will show proof of 100% ownership of The
Moments of Lakeville prior to City Council consideration of the planning actions.
Ayes: Lillehei, Kaluza, Kelvie, Jarvis, Drotning, Swenson, Einck
Nays: 0
There being no further business, the meeting was adjourned at 7:44 pm. They
immediately went into their scheduled work session.
Respectfully submitted,
Penny Brevig, Recording Secretary